Quiz 3

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Separation of Powers

Arrival I, II & III, Equal Ground, Horizontal Concept

The doctrine that holds that the legislative, executive, and judicial branch of the government function independent of one another and that each branch serves as a check on the others. Equal ground horizontal concept

Federalism

Vertical concept

A term used to describe the vertical aspect of the separation of powers. The coexistence of a federal government and the various state governments, with each having responsibilities and authorities that are distinct but overlap, is called federalism. Vertical concept.

Supremacy Clause

Vertical concept

Article VI of the U.S. Constitution, which states that the institution, laws and treaties of the U.S. shall be the "supreme law of the land" and shall take precedence over conflicting state laws. Vertical concept.

Preemption

If the federal government acts on a law it is preemptive.

A condition when a federal statute or administrative rule governs an issue to the extent that a state or local government is prohibited from regulating that area of law.

Contract Clause

Impairing the obligation of contracts between states.

Does not aptly to federal government.

Overbreadth Doctrine

Legislatures over reaches in rules or laws.

Defamation

The publication of anything injurious to the good name or reputation of another.

Libel- recovery of damages as a result of printed defamation in character.

Slander- recovery of damages as a result of oral/spoken defamation of character.

Due Process

The right to know the charges against you, who is suing you, when is the court date. Notice

Equal Protection

Treated equally unless there is a sufficient justification for the unequal treatment.